A defendant shall be punished by imprisonment for six months.

However, the execution of the above sentence shall be suspended for a period of two years from the date this judgment becomes final and conclusive.

Punishment of the crime

【Criminal Records of Crimes】 On January 19, 2018, the Defendant was sentenced to a suspended sentence of one-year imprisonment for fraud at the Incheon District Court, and the said judgment became final and conclusive on January 27, 2018.

【Criminal facts】 On April 21, 2017, the Defendant appeared in D in the “C” coffee shop near the Defendant’s operation, which was located in Seocheon-si, Seocheon-si, D, and Defendant E is operating a master goods shop as a club business by us, and there is 30% profit of each month.

In our stores, 30 million won will be invested, 5% monthly profits will be paid to the Korean stores, and the principal will be returned after one year.

“...”

However, in fact, the Defendant could not obtain 30% profits each month through the operation of the above store, and at the time, the Defendant was in a situation in which it is economically difficult to reach an agreement with the victims due to a separate crime of fraud. Even if the Defendant received money from the victims, it was thought that it would be used as expenses for the purchase of used cars, expenses for the repayment of debts to others, and their living expenses, etc., and there was no intention or ability to repay the principal to the victims by operating the above store normally.

Ultimately, the Defendant deceiving the victim as above, prepared an investment contract and a certificate of fairness in the name of the victim and D around May 8, 2017, and received KRW 30 million from the victim to the new bank account (F) in the name of D on the same day.

Summary of Evidence

1. Statement by the defendant in court;

1. Before a complaint is filed, each investigation report on the process of each police suspect interrogation protocol, investment contract, promissory note, and each account transaction details with respect to E in relation to E in the police statement protocol (Evidence Nos. 23, 28, 29, 30, 32 of the evidence list): The inquiry about criminal history and the application of two-part Acts and subordinate statutes of the judgment;

1. Relevant Article 347 of the Criminal Act, the choice of punishment for the crime, Article 347 (1) of the Criminal Act, and the choice of imprisonment;

1. The latter part of Article 37 of the Criminal Act, but Article 39(1) of the Act on the Suspension of Execution of Article 62(1) of the Criminal Act is applicable to the defendant.